Appeals court denies Trump bid to reinstate asylum ban

12/7/18
The San Francisco-based 9th Circuit Court of Appeals on Friday denied the Trump administration's effort to delay a judge's order blocking enforcement of its asylum policy. "We agree with the district court that the Rule is likely inconsistent with existing United States law. Accordingly, we DENY the Government’s motion for a stay," reads the ruling from a three-judge panel of the court. In early November, the Trump administration clamped down on asylum claims as part of its broader efforts to crack down on illegal immigration. The Justice Department and Department of Homeland Security had earlier published a joint rule prohibiting certain people caught crossing the U.S. southern border from Mexico between ports of entry from claiming asylum. Judge Jon Tigar of the U.S. District Court for the Northern District of California then sided with opponents of President Trump’s policy, granting their request for a temporary restraining order against the policy denying asylum to migrants who enter the U.S. illegally.
“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar, an appointee of former President Obama, wrote in his decision last month.

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Rogue Valley said:

Appeals court denies Trump bid to reinstate asylum ban

Kelly should tell Trump he's president, not a Czar.

Related: Trump asylum ban blocked in another rebuke from 9th Circuit Court

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The court has repeatedly checked the president's policies.

"We agree with the district court that the Rule is likely inconsistent with existing United States law. Accordingly, we DENY the Government’s motion for a stay," reads the ruling from a three-judge panel of the court.

The divided 2-1 decision, which prevents the president’s plan from going into effect, also said that Trump’s efforts represent an attempt to circumvent Congress.

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Captain Adverse said:

Yet again, the Ninth Circuit Court...as usual..

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Rogue Valley said:

Yet again, Trump thinking he is Putin...as usual...

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In a dissenting opinion Friday, 9th Circuit Judge Edward Leavy said the administration “adopted legal methods to cope with the current problems rampant at the southern border.” Nothing in the law the majority cited prevented a rule categorically barring eligibility for asylum on the basis of how a person entered the country, Leavy…said.

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Captain Adverse said:

Really?

https://apnews.com/1833470d0588418b9c686a61a5de662e

Trump is TRYING to enforce existing Immigration law.

Opponents are putting every roadblock possible in his doing so.

This effort to stymie border control is what is encouraging these migrant caravans. IMO for the most part they are not "asylum" seekers, but rather merely people seeking a better economic situation.

That is no more valid a reason than any other potential immigrant from Africa, Asia, or anywhere else has to allow them to jump the line just because they are close enough to simply walk across the border illegally.

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ThoughtEx. said:

last I checked, existing law doesn't forbid applying for asylum when you are caught committing a misdemeanor...
Quite the opposite actually.

You're opinion doesn't matter on why these people are doing what they are doing. We have courts. They are entitled to their day in court. Stealing their children, turning them away from checkpoints to force them into committing a misdemeanor, and imprisoning them doesn't change the fact they are entitled to apply.

Trump trying to institute a ban on refugees like this, is him playing to racists.

You giving your opinion, which has no evidence behind that these people are misrepresenting themselves, tells us all why you really support this effort. And it's not because he's trying to enforce law.

Seeking asylum is not illegal. So when Trump goes after asylum seekers, all his supporters constantly spouting we only care about illegal immigrants look like they are full of ****. This ban was an effort to make his base look like they aren't completely ****ing retarded everytime they open their mouths to support the latest racist bull**** he's trying.

Trump needs to be put in front of a firing squad for crimes against humanity for how he's treated asylum seekers.

That's my ****ing opinion.

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ThoughtEx. said:

Trump needs to be put in front of a firing squad for crimes against humanity for how he's treated asylum seekers.

That's my ****ing opinion.

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